Prenuptial Agreements

Will our prenuptial agreement be valid if there is a change in circumstances?

Although a prenup may have been fair at the time it was created, the court will need to assess whether it is still valid at the time of divorce. This means they will consider any changes in that time. If someone’s financial situation changes, this needs to be addressed. A lack of transparency could compromise the validity of your prenuptial agreement.

It is, therefore, possible to modify a prenuptial agreement during the course of the marriage or civil partnership, as long as you follow the same process. This means both parties should seek independent legal advice and have an understanding of the consequences of these changes. Any changes will need to be made in writing for them to be considered in court.

When drafting a prenuptial agreement we will consider whether any review clauses need to be inserted to ensure that the agreement can adapt to a change in your circumstances.

What are postnuptial agreements?

Typically, prenuptial agreements include details of the following:

• Property (e.g. family home and any additional properties)
• Money (e.g. your savings, pensions and more)
• Financial support to one party
• Financial obligations during the marriage
• Inheritance
• Debt liability
• What children from a previous marriage will be entitled to

How much does a prenuptial agreement cost?

This will depend on the approach you take when drafting your agreement, as well as the amount of legal advice and input you receive. Solicitors will charge varying amounts and, if your case is complex, you may need to pay more to reach a resolution. Our solicitors will be able to provide you with an estimate at the outset of your matter.

What does it mean if a prenuptial agreement is invalid?

Usually, a prenuptial agreement will be rejected if the courts have reason to believe that:

• No legal advice was received
• Assets weren’t fully disclosed
• Someone hasn’t entered the agreement freely (e.g. due to coercion or mental illness)
• Someone hasn’t fully understood the consequences of the agreement
• It would be unfair to enact the agreement
• Illegitimate signatures have been provided

Can you agree a pre-nuptial agreement through mediation?

Mediation is a process whereby the parties appoint an independent third party to help reach an agreement. Mediation is often a cheaper and quicker alternative to negotiations through solicitors, although if the parties opt for this approach, both should still take independent legal advice during the process. Once an agreement has been reached in Mediation, the parties’ solicitors will be able to assist in drafting the agreement.

An alternative to Mediation is collaborative law. This is a process whereby both parties appoint their own collaborative lawyer and the matter is resolved over a series of round table meetings. This again is often much quicker and cost effective than resolving the matter through solicitors’ negotiation.

How soon should I get a prenuptial agreement?

A prenuptial agreement should be signed by both parties at least 28 days before the marriage or civil partnership takes place, otherwise there could be a suggestion that a party was pressured into signing it. As unforeseen issues may arise during the negotiations, it is strongly advisable that couples to seek the appropriate legal advice well in advance and for any issues to be resolved before the day.

How can I raise the topic with my partner?

Many people find this a sensitive topic; however, it a sensible and practical arrangement which will benefit both parties.

It is always advisable that this is raised in good time before the marriage or civil partnership. It will require parties to be open and honest with their finances and have realistic expectations. It may be helpful to speak to a solicitor before discussing matters with your partner so you have a clear understanding of the process and what is involved. Your solicitor will be best placed to give advice on how best to approach the subject with your partner.